Make India Asbestos Free

Make India Asbestos Free
For Asbestos Free India

Ban Asbestos Network of India (BANI) works for Asbestos Free India inspired by trade union leader Purnendu Majumadar. Occupational Health India and ToxicsWatch Alliance are its members that includes doctors, researchers and activists. BANI demands criminal liability for companies and medico-legal remedy for victims. It works with trade unions, human rights, environmental, consumer and public health groups. For Details:1715krishna@gmail.com, oshindia@yahoo.in

Tuesday, November 17, 2009

THE WHITE ASBESTOS (BAN ON USE AND IMPORT) BILL, 2009

THE WHITE ASBESTOS (BAN ON USE AND IMPORT) BILL, 2009
A
BILL
to provide for a total ban on use and import of white asbestos in the country and to promote
the use of safer and cheaper alternative to white asbestos and for matters connected
therewith and incidental thereto.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
1. (1) This Act may be called the White Asbestos (Ban on Use and Import) Act, 2009. Short title
and
(2) It shall come into force with immediate effect. commencent.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) ‘‘appropriate day’’ means the day fixed by the Central Government to ban
the use and import of white asbestos which shall be within one month of the coming
into force of this Act;
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(b) ‘‘prescribed’’ means prescribed by rules made under this Act.
3. Whereas the object of the Act is such as to provide for a ban on use and import of
Declaration of
ban on use and white asbestos, which is a fibrous mineral and has been reported to be highly carcinogenic,
import of
it is hereby declared that the Act propose for the ban on the use and import of white
white asbestos
asbestos is in the public interest.
in the public
interest.
4. (1) On and from the appointed day, there shall be a ban on the use and import of
Ban on use
and imports white asbestos;
of white
asbestos. (2) Whoever imports or uses white asbestos after the appointed day shall be guilty of
violating the provisions of this Act.
5. Whoever found guilty of violating the provisions of this Act shall be punished
Penalty.
with imprisonment, which may extend to three years or with fine, which may extend to
rupees two lakh or with both.
6. (1) Where a person committing a contravention of any of the provisions of this Act
Offences by
Companies. or of any rule, direction or order made thereunder is a company, every person who, at the
time the contravention was committed, was in charge of, and was responsible to, the com-
pany for the conduct of business of the company as well as the company, shall be guilty of
the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to punishment, if he proves that the contravention took place without
his knowledge or that he exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contined in sub-section (1), where a contravention of
any of the provisions of this Act or of any rule, direction or order made thereunder has been
committed by a company and it is proved that the contravention has taken place with the
consent or connivance of, or is attributable to any neglect on the part of, any Director,
Manager, Secretary or other Officer of the company such Director, Manager, Secretary or
other Officer shall also be deemed to be guilty of the contravention and shall be liable to be
proceeded against and punished accordingly.
Explanation.— For the purpose of this section:—
(i) ‘‘company’’ means anybody corporate and include a firm or other associa-
tion of individuals; and
(ii) ‘‘director’’, in relation to a firm, means a partner in the firm.
7. The Central Government shall promote and encourage the use of safer and cheaper
Central
Government alternative to white asbestos and provide sufficient fund for research and development in
to Provide
the field in such manner as may be prescribed.
safer and
cheaper
alternative to
white
asbestos.
8. If any difficulty arise in giving effect to the provisions of this Act, the Central
Power to
remove Government may, by order published in the Official Gazette make such provisions, not
difficulties.
inconsistent with the provisions of this Act as appears to it to be necessary or expedient for
removing the difficulty:
Provided that no such orders shall be made after the expiry of the period of three
years from the date of commencement of this Act.
9. The provisions of this Act shall have effect notwithstanding anything inconsistent
Act to have
overriding therewith contained in any other law for the time being in force relating to use and import of
effect.
white asbestos.
3
10. The Central Government may, by notification in the Official Gazette, make rules for Power to
make rules.
carrying out the purposes of this Act.
STATEMENT OF OBJECTS AND REASONS
The white asbestos is highly carcinogenic even the World Health Organisation has
reported that it causes cancer. It is a rare fibrous material that is used to make rooftops and
break linings. More than fifty countries have already banned the use and import of white
asbestos. Even the countries that export it to India prefer not to use it domestically. But in
our country, it is imported without any restriction. Canada and Russia are the biggest
exporters of white asbestos. In 2007, Canada exported almost Ninety five percent of the
white asbestos it mined and out of it forty-three percent was shipped to India. It is quite
surprising that our country is openly importing huge quantity of a product, which causes
cancer. This is despite the fact that safer and almost cheap alternatives to asbestos are
available in the country. Instead of importing a hazardous material, it will be better if we
spend some money in research and development and use environment friendly product. In
view of the above, there is an urgent need for a total ban on the import and use of white
asbestos and promote the use of alternative material.
Hence this Bill.
VIJAY JAWAHARLAL DARDA
4
FINANCIAL MEMORANDUM
Clause 7 of the Bill provides that the Central Government shall provide funds for
research and development for alternative products to white asbestos. The Bill, if enacted,
would involve expenditure from the Consolidated Fund of India. It is estimated that a
recurring expenditure of rupees twenty crore would be involved from the Consolidated
Fund of India.
A non-recurring expenditure of rupees five crore will also be involved.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 10 of the Bill empowers the Central Government to make rules for carrying out
the purposes of the Bill. As the matter will relate to details only, the delegation of legislative
powers is of normal character.
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RAJYA SABHA
————
A
BILL
to provide for a total ban on use and import of white asbestos in the country and to
promote the use of safer and cheaper alternative to white asbestos and for matters
connected therewith and incidental thereto.
————
(Shri Vijay Jawaharlal Darda, M.P.)

1 comment:

mhayon said...

I applaud India for their efforts in banning asbestos. My hope is for a global asbestos ban in the near future. -Mellissa Hayon, LICSW, www(dot)mesorc(dot)com

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